Sexual Offences Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Before Clause 76

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Exceptions to aiding, abetting and counselling
(1)  A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—
(a)  protecting the child from sexually transmitted infection,
(b)  protecting the physical safety of the child, or
(c)  preventing the child from becoming pregnant,
  and not for the purpose of causing or encouraging either the activity constituting the offence or the child's participation in it.
(2)  This section applies to—
(a)  an offence under any of sections 2, 4 and 6 (offences against children under 13);
(b)  an offence under section 9 (sexual activity with a child);
(c)  an offence under section 14 which would be an offence under section 9 if the offender were aged 18;
(d)  an offence under any of sections 18, 28, 33, 38 and 43 (sexual activity) against a person under 16.
(3)  This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part."
 

Clause 78

 

THE LORD LUCAS

Page 35, line 25, leave out from "complainant" to end of line 27 and insert "or another person, causing the complainant to fear for his own or the other person's immediate safety"
Page 35, line 29, leave out from "began," to end of line 30 and insert "threatening the use of violence or harm to the complainant or another person, causing the complainant to fear that harm would befall him or another person, or that he or another person would suffer violence;"
Page 35, line 30, at end insert—
"(   )  any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that an act would be carried out to his serious detriment or to the serious detriment of another person;"
 

Schedule 2

 

THE LORD FALCONER OF THOROTON

Page 70, line 32, leave out "victim of the sex offence was" and insert "offence was an offence against a person"
Page 73, line 4, at end insert—
      "Indecent assault against a female."
Page 73, line 7, leave out sub-paragraphs (a) and (b) and insert—
"(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)   made the subject of a community sentence of at least 18 months."
Page 73, line 10, at end insert—
      "An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse)."
Page 73, line 11, at end insert "consent was not present or"
Page 73, line 20, at end insert-
      "An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).
      An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.)."
Page 73, line 21, leave out "the Criminal Law Amendment Act 1885 (c. 69)" and insert "that Act"
Page 73, line 24, at end insert—
      "An offence under section 7 of that Act (abduction of girl under 18)."
Page 73, line 30, at end insert—
      "An offence under section 2 of that Act (incest by females), if the victim or (as the case may be) other party was under 18."
Page 74, line 3, at end insert—
      "An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
      An offence under Article 123 of that Order (offences against patients)."
Page 74, line 8, at end insert—
 "67A      An offence under section 17 of this Act (meeting a child following sexual grooming etc.).
 67B      An offence under any of sections 18 to 22 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 12 months.
 67C      An offence under section 54 of this Act (paying for sex with a child) if the victim or (as the case may be) other party was under 17.
 67D      An offence under section 70 of this Act (exposure) if—
(a)  where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)   made the subject of a community sentence of at least 18 months.
 67E      An offence under section 71 of this Act (voyeurism) if—
(a)  where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  (a) sentenced to a term of imprisonment, or
(b)  detained in a hospital.
 67F      An offence under section 72 or 73 of this Act (intercourse with an animal, sexual penetration of a corpse) if the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment, or
(b)  detained in a hospital."
Page 74, line 21, after "counselling" insert "or"
Page 74, line 32, at end insert—
      "In paragraphs 53 to 67F, "community sentence" has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))."
 

Clause 85

 

THE LORD FALCONER OF THOROTON

Page 41, line 10, leave out "a" and insert "the"
 

Clause 90

 

THE LORD FALCONER OF THOROTON

Page 44, line 22, at the end, insert—
"(d)  making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland)."
 

Clause 96

 

THE LORD FALCONER OF THOROTON

Page 48, line 4, leave out from "finding" to "that" in line 5 and insert "equivalent to a finding"
Page 48, line 7, leave out from beginning to "that" and insert "equivalent to a finding"
Page 48, line 22, leave out "corresponding" and insert "equivalent"
 

Clause 98

 

THE LORD FALCONER OF THOROTON

Page 49, line 21, leave out "taken as having been" and insert "to be taken as"
 

Clause 102

 

THE LORD FALCONER OF THOROTON

Page 50, line 38, leave out "Person" and insert "Post"
 

Schedule 3

 

THE LORD FALCONER OF THOROTON

Page 77, line 25, leave out "racially-" and insert "racially or religiously"
Page 77, line 26, leave out "racially-" and insert "racially or religiously"
Page 80, line 40, leave out "above"
Page 81, line 5, after "counselling" insert "or"
 

Clause 104

 

THE LORD FALCONER OF THOROTON

Page 52, line 23, leave out "taken as having been" and insert "to be taken as"
 

Clause 106

 

THE LORD FALCONER OF THOROTON

Page 53, line 36, at end insert "(and any renewed or varied order may contain only such prohibitions as are necessary for this purpose)"
Page 53, line 38, leave out "date" and insert "day"
Page 53, line 40, leave out paragraphs (a) and (b) and insert—
"(a)  where the application is made by a chief officer of police, that chief officer, or
(b)  in any other case, the chief officer of police for the area in which the defendant resides."
 

Clause 112

 

THE LORD FALCONER OF THOROTON

Page 57, line 42, at end insert "(and any renewed or varied order may contain only such prohibitions as are necessary for this purpose)"
Page 58, line 1, leave out subsection (5) and insert—
"(5)  The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
(a)  where the application is made by a chief officer of police, that chief officer, or
(b)  in any other case, the chief officer of police for the area in which the defendant resides."
 

Clause 117

 

THE LORD FALCONER OF THOROTON

Page 60, line 14, leave out "punishment" and insert "disposal"
 

Clause 118

 

THE LORD FALCONER OF THOROTON

Page 60, line 42, leave out from "or" to end of line 43 and insert "Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),"
 

Clause 122

 

THE LORD FALCONER OF THOROTON

Page 64, line 43, at beginning insert "Subject to subsection (6),"
Page 65, line 17, leave out subsection (11)
 

Schedule 4

 

THE LORD FALCONER OF THOROTON

Page 81, line 17, at end insert—
 

"Offences against the Person Act 1861 (c. 100)

      In the Offences against the Person Act 1861—
(a)  in section 61, omit the words "either", "or with any animal" and "or an animal";
(b)  in section 62, omit the words "or an animal".
 

Criminal Law Amendment Act 1885 (c. 69)

      In the Criminal Law Amendment Act 1885, omit—
(a)  in section 2, subsections (2) to (4), and
(b)  section 11.
 

Vagrancy Act 1898 (c. 39)

      In section 1 of the Vagrancy Act 1898, omit subsections (1) (a), (2) and (3).
 

Criminal Law Amendment Act 1912 (c. 20)

      In section 7 of the Criminal Law Amendment Act 1912, omit subsections (4) and (5)."
Page 82, line 3, at end insert—

 
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©Parliamentary copyright 2003
27 March 2003